Ceasar v. NH Department of Corrections et al
| Michael James Ceasar |
| NH Department of Corrections, NH Department of Corrections, Medical Department, Celia Englander, N. Ross Jenkins, David Molind, Paul P. Wang, Kendra Donohue, Helen Hanks, Adam M. Pearson, Steven P. Boltic, Jeffrey A. Krause, S. Mullins, John Does and Jane Does |
| NH Department of Corrections - Notice Only - Civil (Court Use Only) and NH Attorney General - Notice Only - Civil (Court Use Only) |
| 1:2024cv00037 |
| February 5, 2024 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Landya B McCafferty |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| ENDORSED ORDER denying without prejudice #3 Motion to Appoint Counsel. Text of Order: Plaintiff has moved for an appointment of counsel (Doc. No. 3), asserting that he is indigent and untrained in law and medicine. He argues that his claims are potentially meritorious, complicated, and likely to require extensive discovery and the retention and examination of experts. This court has discretion to deny a motion to appoint counsel in a civil case, unless the movant shows that "exceptional circumstances [are] present such that a denial of counsel [would be] likely to result in fundamental unfairness impinging on his due process rights." DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991) (citations omitted). This case remains in a preliminary stage, pending screening pursuant to LR 4.3(d)(1) and 28 U.S.C. 1915A. This court has not determined yet whether any of the claims in the case may proceed. No defendant has been served, and none has appeared. Only the plaintiff's written pleadings are before this court, and those pleadings are clear and cogent. There is no risk of any fundamental unfairness if the motion is denied at this time without prejudice. Accordingly, the court denies the motion to appoint counsel (Doc. No. 3), without prejudice. The plaintiff may file a new motion for such relief after defendants have appeared, if his changed circumstances at that time warrant appointing counsel for him. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) |
| Initial Filing Fee paid: $ 65.28 (Check), receipt number 1302 re: #4 Order on Application to Proceed Without Prepayment of Fees or Costs. (ed) |
Filing 4
ORDER granting #2 Application to Proceed Without Prepayment of Fees or Costs as to Michael James Ceasar, initial fee of $65.28. In addition, monthly payments of 20% of each preceding months income credited to the plaintiffs account shall be remitted by the Institution when the amount in the account exceeds $10.00 until the sum of $350.00 has been paid. So Ordered by US Magistrate Judge Andrea K Johnstone.Finance Follow Up Deadline 5/3/2024(mc)
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| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) |
| Filing 3 MOTION to Appoint Counsel filed by Michael James Ceasar.(mc) |
| Filing 2 MOTION to Proceed Without Prepayment of Fees or Costs with Custodial Certificate and Prisoner Consent Form filed by Michael James Ceasar. (Attachments: #1 Certificate of Custodial, #2 Account Statement, #3 PLRA)(mc) |
| Filing 1 COMPLAINT against Steven P. Boltic, Jane Does, John Does, Kendra Donohue, Celia Englander, Helen Hanks, N. Ross Jenkins, Jeffrey A. Krause, David Molind, S. Mullins, NH Department of Corrections, NH Department of Corrections, Medical Department, Adam M. Pearson, Paul P. Wang filed by Michael James Ceasar. (Attachments: #1 Supporting Documents)(mc) |
| Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:24-cv-37-LM-AJ. Please show this number with the judge designation on all future pleadings. (mc) |
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